Australian consumer law essay

Law Discussion Questions Question 1 The case in discussion involves a juice extractor product purchased by Mr. Steve for use by his wife. Product liability is part of consumer protection law where manufactures, suppliers, retailers or distributors are normally held responsible incase their products cause injuries to consumers.

Australian consumer law essay

Banks under the provisions of ACL cannot seek to enforce guarantee agains parents, as their liability Australian consumer law essay limited in view of the above facts and normally family gives the guarantee.

Therefore though consented in writing real consent was not given. Under the provisions of Section 21 of Australian Consumer Law unconscionable behaviour is not allowed. It is totally prohibited it is conduct, actiona statement or behaviour that is in defiance of the conscience that is good.

The following conduct are the examples of unconscionable conduct: It can be thus argued by Mr and Mrs Lee that they were made to sign blank forms and no legal implications were explained to them. They hardly knew English and were not Australian Australian consumer law essay have set side guarantee agreements in many case where unconscionable conduct was taken into consideration where one party is at a special disadvantage.

In this case the parents are old and do not know English so they can be at special advantage In the case of one of the famous case of Commercial BankmOf Australia v Almadois,the contract was set aside on the grounds of unconscionable conduct on the part of Bank.

The Court took into consideration that Bank was aware of the fact that Amadios did not know English and were not even aware of the financial position of their son,held that bank's conduct was unconscionable.

Amadios got the contract of their guarantee set aside. This case is somewhat similar to that of Mr and Mrs Lee. The grounds of unconscionable conduct of bank in seeking enforcement of guarantee.

Furthe defence in case of Mr and Mrs Lee is they too were not aware of the financial position of their son. It was under the influence of he being son, had entered into guarantee agreement. They even had linited liability, They were old and the legal implications arising from the guarantee agreement was not known to them.

Bank had taken advantage of their not knowing English. They were made to sign on the blank forms and nothing was read or explained to them. They were not even informed about the non payment of instalments by the son or the bank. It is the proceedure of the bank to get the signature on blank forms.

Presuming that Bank cannot do wrong by getting signature on blank forms and reposing their trust on bank, Mr and Mrs Lee gave their signature on the blank papers. Moreover Mr Lee and Mrs Lee wre not left with timeto seek the legal advice in respect of the guarantee agreement.

It is thus presumed on the basis of the precedent of case law of Commercial Bank Of Australia v Amadois CLR that in the grounds of unconscionable conduct by the Bank Mr and Mrs Lee may succeed in getting the guarantee agreement set aside. Australian Laws have applied this doctrine of unconscionable conduct in many cases.

Though there are no specific principles for the basis Answer 2 Belinda can sue the ferry company for the loss of her car. Belinda can claim compensation and damages for loss of her car. Belind had not read the terms and conditions printed behind the ticket.

Consultation Paper 294: The sale of add-on insurance and warranties through caryard intermediaries

She had not even read the similar condition witten on the ferry which she boarded along with her three children. It was written that "All passengers and vehicles use this ferry at their own risk" It is said that all these types of writings like No Exchange are all legally not binding.

Article 12 of Hague Convention states in general rules Liability of shipper. If the goods are lost or damaged due to the negligence of shipper his agents or servants, only than the shipper is liable to pay compensation or damages. But damages or loss of goods is incurred to save the ship, thsn in that case the shipper is not liable.

ACL Australian Consumer Law Essay

If the gods are lost due to negligence and in attempt to save due to such negligence than the shipper is liable to pay compensation and damages only to the extent of negligence and not due to saving. In this case, Belinda can take action against ferry company for loss of goods as the goods were lost due to tne negligence of the Captain.Australian Consumer Law is a single national law, which is, applies in all jurisdictions, to all business and to all industry sectors.

The ACL also represents a new approach to considering consumer policy issues, with the Australian Government and the States and Territories working closely together to consider develop and implement changes.

Australian Law: Delegated Legislation/ Authorities Essay or pass on the power to make laws in certain areas, to lesser authorities. The subsequent laws are known as delegated legislation, and are scrutinised and controlled in a number of ways.

However, on 1 January, The Australian Consumer Law commenced, which was a big movement towards the provision of adequate protection of customers. It is elaborate law and it is applicable nationally, in all states and territories and also to Australian businesses. The Australian Consumer Law.

Australian Consumer Law | Free Essays -

The full text of the Australian Consumer Law (ACL) These and other guides are designed to explain the ACL in simple language, but are not a substitute for the legislation. They provide general information and examples and do not constitute legal advice or a definitive list of situations where the law applies.

Apr 17,  · Australian Consumer Law recognizes Julie as a consumer because she bought services below $40, Therefore, she is protected by the ACL from any kind of unlawful acts by service providers such as Rick’s Renovation Pty Ltd.

Australian Law: Delegated Legislation/ Authorities Essay or pass on the power to make laws in certain areas, to lesser authorities. The subsequent laws are known as delegated legislation, and are scrutinised and controlled in a number of ways.

Australian consumer law essay
Legislation – Australian Consumer Law